Introduction
In a bizarre twist, Elon Musk’s X (formerly Twitter) has filed a lawsuit against Media Matters over claims that major companies had ads appear next to antisemitic content. However, the suit seems to confirm the very thing it claims is defamatory.
The Article That Sparked the Lawsuit
Media Matters published an article last Thursday with screenshots showing ads from IBM, Apple, Oracle, and others appearing next to hateful content, including pro-Hitler material. This revelation was a serious blow for X, which has already been facing an exodus of advertisers. It didn’t help that Musk himself appeared to personally endorse some antisemitic views.
Musk’s Threats and the Lawsuit
The article provoked Musk’s wrath, with the billionaire vowing over the weekend that "The split second court opens on Monday, X Corp will be filing a thermonuclear lawsuit against Media Matters and all those who colluded in this fraudulent attack on our company."
The lawsuit was indeed filed, but it appears to be missing the promised warhead. You can read it here; it’s quite short.
What Does the Lawsuit Claim?
The company alleges that Media Matters defamed X by:
- Manufacturing or contriving the images
- Not finding the ads as claimed, but rather creating these pairings in secrecy
A Closer Look at the Images
Had these images been actually manufactured or created in the way implied by the language here, that would indeed be a serious blow to the credibility of Media Matters and its reporting. However, X’s lawyers don’t mean that the images were manufactured – in fact, CEO Linda Yaccarino posted today that "only 2 users saw Apple’s ad next to the content," which seems to directly contradict the idea that the pairings were manufactured.
The Conditions for Ad Placement
Media Matters certainly set up the conditions for those ads to appear by using an older account (no ad filter), then following only hateful accounts and the corporate accounts of advertisers. The number of users following only neo-Nazis and major tech brands is limited, but the ads unequivocally appeared in the feed next to that content, as Yaccarino confirmed.
A Questionable Defense
The lawsuit says that these accounts were "known to produce extreme, fringe content," yet they were not demonetized until after Media Matters pointed them out. So X knew they were extreme, but did not demonetize them – that is what the lawsuit expressly states.
The Problem with X’s Argument
There does not appear to be anything inherently fraudulent or manufactured about claiming those ads appeared next to that content. Because they did. It just hadn’t happened to an "authentic user" yet, but the conditions for that to happen were not really that outlandish.
A Counterpoint from Media Matters
Angelo Carusone, who heads up Media Matters, also pointed out on X shortly after Yaccarino’s confirmation that ads were placed on a search for "killjews."
The Aftermath of the Lawsuit
Apple, Disney, Comcast among X advertisers pausing spending after Musk endorsed antisemitic post.
Moderation of Hateful Content
Moderation of hateful content is incredibly hard, of course, and most social networks have found that it’s a moving target. However, this lawsuit may be X’s own worst enemy in the long run.
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